A fugitive people within a nation is tyranny.

Posts tagged ‘best interest’

The Child Support Catastrophe

 

mob-rule-child-support-government

by Dalrock

Child support is typically framed as state intervention on behalf of children. However, it is more accurately an alternative to marriage for women. Traditionally, women would find a man willing to formally commit to them before having children. By marrying (and staying married to) the man who would be the father of her children, women would ensure investment from the man and the provision of resources both to her and her children. Note that child support isn’t needed in the traditional model, and that it isn’t relevant in the case of the death of the father. Even in the case of divorce, child support isn’t needed if parents share equal custody. Where child support is needed if women want to expel the father from the household (or never bring him in). When the facade of “its for the children” is stripped away, child support is all about removing fathers from the lives of their children.

If anyone has any doubt as to the true purpose of child support, they need only look at how it is enforced in practice. In theory whichever parent can better raise the children should be given custody, and the remaining parent would then be compelled to pay child support. In practice it is almost exclusively a way for women who expelled their children’s father from the home to extract money from the man. While the law is written under the guise of being gender neutral, this is a sham; the system is strongly biased towards women at nearly every step of the process. I’ve created a separate post to share all of the data, but here is a quick summary:

Mothers are far more likely to receive custody (over 80% of custodial parents are mothers). Those few fathers who receive custody are less likely than custodial mothers to have support awarded to them. Those fathers who have support awarded to them have less awarded on average than mothers. Due to all of the biases in the system, roughly 90% of all child support dollars are paid from fathers to mothers.

But still there are those who will claim this isn’t about money, it is about the best interest of the child. They say this even though the money goes to the mother, not the child, and the mother is under no legal obligation to spend the money on the children. If it were about the best interest of the child, the system would concern itself with maintaining the child’s relationship with the non custodial parent. But while the system is draconian in its enforcement of money (which almost always goes to the mother), it is generally uninterested in enforcing visitation (which almost always would be for the father). If the system were about protecting the child, it would enforce support and visitation equally. A parent who denies visitation is denying their child access to their parent. A system acting on behalf of the child would work vigorously to ensure that the child isn’t denied something which money can’t buy; access to and guidance from their father.

Not only does the system not take vigorous action to ensure that visitation orders are enforced, the system is designed to estrange fathers from their children. It uses draconian measures on the father while acting in the name of their children. Support is said to be based on the income of the father, but often it isn’t the father’s actual income which is considered. The court will often make up a figure which it assumes the father should be able to earn, and assign (impute) that income to him when setting the amount of support to be paid. W.F. Price described his own experience with this in the comments section of a recent Spearhead post:

There is really no cap on % of income a man can be ordered to pay. Being unemployed when my ex divorced me (she demanded I indulge her and help her get the job she wanted by watching the kids, and I stupidly went along with it thinking this would be temporary and would save my marriage), I was imputed, and therefore the child support was infinity percent of my income. I was imputed at the standard earning for a man my age in Washington state, despite the fact that we were in a recession and nobody was hiring.

There is no limit, therefore. Inability to pay is no excuse. You might as well be asking for mercy from the mob. I watched “”The Departed” recently, and when one of the bookies said he didn’t have the money the enforcer said “this is America – make it” after beating the crap out of him. This is exactly how fathers are treated.

captiveKeep in mind that men can be thrown in jail for failing to make these payments. Fathers all around the country are put in jeopardy of going to prison for money they don’t have, based on actions which are taken in the name of their own children. Undoubtedly the vast majority of fathers make every effort to not allow this injustice to poison their relationship with their children, since they know that their children are merely pawns being used by the child’s mother and the system. However, this kind of heavy handed tactic combined frequently with denial of time with and influence over their children has to impact the relationship negatively. Not surprisingly fathers who are less cut off from their children are more likely to pay support. In 2007 the Census found that 78% of non custodial parents who had joint custody and/or visitation privileges with their children made their payments, compared to 67% for those who didn’t have either (source, P9).

But the ultimate proof of what child support is all about is the end result for children. While there is a grain of truth to the old canard that divorce is caused by philandering or abusive men who either abandon or mistreat their children, the vast majority of divorces are actually requested by women. Professors Margaret F. Brinig and Douglas W. Allen set out to understand why this was in their paper These Boots Are Made for Walking: Why Most Divorce Filers Are Women:

Because of the financial and social hardship faced after divorce, most people assume that generally husbands have instigated divorce since the introduction of no-fault divorce. Yet women file for divorce and are often the instigators of separation, despite a deep attachment to their children and the evidence that many divorces harm children.

Here is what they found (emphasis mine):

Our results are consistent with our hypothesis that filing behavior is driven by self-interest at the time of divorce. Individuals file for divorce when there are marital assets that may be appropriated through divorce, as in the case of leaving when they have received the benefit of educational investments such as advanced degrees. However, individuals may also file when they are being exploited within the marriage, as when the other party commits a major violation of the marriage contract, such as cruelty. Interestingly, though, cruelty amounts to only 6% of all divorce filings in Virginia. We have found that who gets the children is by far the most important component in deciding who files for divorce, particularly when there is little quarrel about property, as when the separation is long.

Keep in mind that getting custody not only determines which parent has their children ripped away from them, but that because of the child support system the children also often come with a hefty payment stream the ‘winning’ parent can spend however they want. The ‘loser’ on the other hand is compelled at risk of imprisonment to pay amounts which can exceed their actual ability to earn. While this money is extracted from them in theory on behalf of their children, it robs them of their ability to be seen as wanting to take care of their children. Fathers can’t spend money on their children which the mother has already taken by force. Making this winner take all game even more lopsided, in the US the receipt of the payments is considered tax free, since the support payer must pay the income tax on it.

This system which is supposedly about the children encourages mothers to expel their children’s fathers from their lives. One divorce explains how many women think about this:

The problem with my life, as I saw it then, was my husband, and I imagined divorce as a process that would remove him but change little else  a sort of neutron bomb that eliminated men but left the rest of the world intact.

But divorce is only one way that child support encourages women to become single parents. The direct route to unwed motherhood is to simply get knocked up without getting married. This wouldn’t have guaranteed unwed mothers child support in the past. However, the rules were changed in the latter part of the 21st century, as Betsey Stevenson and Justin Wolfers explain in their paper Marriage and Divorce: Changes and their Driving Forces:

Supreme Court rulings in the 1960s and 1970s also changed the nature of family relationships by eliminating many of the legal distinctions stemming from the marital status of a child’s parents. In 1968, the Supreme Court ruling in Levy v. Louisiana (391 U.S. 68) granted equal protection under the Fourteenth Amendment to “illegitimate” children. Five years later, the 1973 ruling in Gomez v. Perez (409 U.S. 535) overturned state laws exempting men from financial responsibility for “illegitimate” children. These rulings reduced both the social and economic cost to women of bearing a child out-of-wedlock…

Not surprisingly, this along with welfare payments has lead to an explosion of children being born out of wedlock. You can see the impact in the chart below from NCHS Data Brief No. 18 May 2009, Changing Patterns of Nonmarital Childbearing in the United States:

children-unmarried-women

The 2011 Statistical Abstract of the United States provides the breakdown of out of wedlock births by race (Table 86 pdf or image) for 2007, the latest year data is available. 40% of all babies born in the US in 2007 were out of wedlock. This figure was 51% for Hispanics, 28% for whites, and 72% for blacks. The US isn’t exceptional for its out of wedlock birth rates either:

out-of-wedlock-children-by-nation

But the direct approach to unwed motherhood isn’t preferred by all would be baby mommas. Some have a strong sense of tradition, and prefer the classic approach of marrying the father and then divorcing him after the children are born. Fortunately for them child support along with biased family courts makes this nearly as easy as the direct approach. As an added bonus, they get to attend a big party held in their honor, where they (get this!) promise in front of everyone they know to stay married to the father for life. This more classic approach to baby mamma-hood is also on the rise, as you can see in Figure 1 in Marriage and Divorce: Changes and their Driving Forces.

Divorce has gone from almost unheard of to extremely common. According to the US Census 2009 SIPP data, 39% of all white women aged 50-59 had divorced at least once. This works out to 42% of all white women that age who ever married. For Hispanic women the figures are 27%&30%, and for Black women the figures are 38%&48%.

All of this action supposedly in the interest of children has resulted in millions of kids growing up with little or no access to their fathers. A small percentage of these kids are better off because of the system. They had fathers who either abandoned them or were abusive. Far more have lost something irreplaceable; the chance to grow up with both their mother and father (chart source):

historic-living-arangements-of-children

There is a huge body of research showing how detrimental this is to children. In the interest of space I’ll only share one small quote from Dan Quayle Was Right (emphasis mine):

Even for fathers who maintain regular contact, the pattern of father-child relationships changes. The sociologists Andrew Cherlin and Frank Furstenberg, who have studied broken families, write that the fathers behave more like other relatives than like parents. Rather than helping with homework or carrying out a project with their children, nonresidential fathers are likely to take the kids shopping, to the movies, or out to dinner. Instead of providing steady advice and guidance, divorced fathers become “treat” dads.

Apparently–and paradoxically–it is the visiting relationship itself, rather than the frequency of visits, that is the real source of the problem. According to Wallerstein, the few children in the California study who reported visiting with their fathers once or twice a week over a ten-year period still felt rejected. The need to schedule a special time to be with the child, the repeated leave-takings, and the lack of connection to the child’s regular, daily schedule leaves many fathers adrift, frustrated, and confused. Wallerstein calls the visiting father a parent without portfolio.

This is built into any child support scenario, and simply cannot be changed or wished away. The profoundly negative result of fatherless children is widely acknowledged, even by those who enthusiastically support the new family structure child support encourages. However, instead of blaming the process which created the problem, most now blame the very fathers who had their children ripped away from them. This is the final insult by a system which sees fathers as no more than a walking wallet. Instead of blaming the concerted social push to allow women to raise children outside of marriage, the fathers themselves are blamed for being absent! Following the London riots many have pointed out that a major cause of the out of control youths is a lack of fathers. The headline of The Telegraph reads:

London Riots: Absent Fathers Have a Lot to Answer For

The Issue of Legal Consent

roaring matriarchMen aren’t perfect. That’s for sure. Recent times have proved that women are no better. Goddesses of windfall have received a free ride on the legal gravy train in the USA for far too long. Now, this system of abusive law threatens all parents, male and female. Never mind that the sociopathic matriarch of the past has been coddled and fussed over for many decades because of “deadbeat dads.” This perceived situation has worked well to the mutual empowerment of corporate government, as the resources of non-custodial parents are repeatedly ransacked, whether they are capable of paying or not. Corporate government has been only to happy to reimburse itself with all the free money through endless financial authority. State governments are also notorious for withholding money from the very children they proclaim to help. In many cases, this is because the state has already helped to support the children and the mothers that bore them through government vehicles like welfare and medicaid programs. In the view of the state, they are simply recouping the corporate investment that has been mandated by the federal government.

The sins of the system are many. When income changes for any reason, in the good old USA the child support doesn’t. Impoverished and unemployed non-custodial parents must hire an attorney. Child support is never retroactive, except to the detriment of the oppressed. Most judges see to that. In the meantime, many matriarchal sociopaths are relentless in their pursuit for cold hard cash through legal oppression. Family attorneys are only to happy to oblige, as legal costs are “passed on” to the father, whether they can pay or even if payment is never received. Their former husbands and boyfriends will pay, never mind if the money ever exists or could be earned. These women have been taught that they bear no responsibility. They are free to act any way they please, including chasing the emasculated males out of their lives. The state will care for their children no matter what. When you live in the ‘United States,’ Uncle Sam is the sugar daddy, even if a terrible one. The children will be supported, whether right or wrong, now with men as the usual target for renumeration. This isn’t entirely the case because there are plenty of women that won’t be bothered with their children because they would rather have another kind of life. Now, the nation is full of ‘deadbeat moms.’ Never mind the ‘deadbeat moms’ that continually abuse and misdirect their children to make themselves look good and dad look bad. Meanwhile, during all the family drama, the federal government has deeded itself total control over all financial transactions. It has the power to undo every American citizen to fulfill the interests of politics. This power endangers every parent, even every person that works for a living in the nation.

Technically, parents have been emasculated in this age, through the power of the corporate state. In this new empire, the fascist state owns the children while pretending that you do. For when you refer to enacted law, emotions and idealism don’t apply. A heartless corporation executes these laws as morals, ethics, and values go out the window.

the corporate unca sam has youCourts do not offer judgment, only legal opinion. The justices of the Supreme Court offer nothing but opinion, which then becomes public policy. The BAR association copyrights these opinions which is misleadingly labeled as the ‘law.’ In the United States, the people have increasingly been victims of legal precedence for nearly 8 decades. Common law is increasingly the rarity rather than the norm. Old grandad used to gloat that possession is nine-tenths of the law. That idea has passed on, along with old granddad! In civil law, you are guilty before being proved innocent, even though the creators of Perry Mason would have you believe otherwise.

The side effect of being a consenting citizen of the United States corporation is that all statutes are applied to you with what the U.S. code calls Prima Facie law. This law derives its authority from assumed consent and more often than not, your ignorance. All branches of government operate under law, meaning that the consent of the governed is automatically assumed in all legal matters and decisions based on court opinion. This view impacts all contracts. After all, what in today’s age isn’t a contract of some nature?

Marriage is a civil contract to which there are three parties- the husband, the wife and the state. That is the perception of the law which you have agreed to through your marriage license. From that time, the state is continually involved in your relationship, a silent ‘partner’ in all of your affairs. This is very basis of the criminal racket known as the dreaded ‘Child Protective Services,’ which claims overarching authority from ‘Health And Human Services’ as it legally kidnaps your children in their ‘best interest’ as it sees fit.

Authority is delegated through ‘parens patriae,’ literally ‘parent of the country’ which refer to the role of the state as sovereign and guardian of persons under legal disability.

Pursuant to the parens patriae doctrine, ‘the primary control and custody of infants is with the government, to be delegated, as of course, to their natural guardians and protectors, so long as such guardians are suitable persons to exercise it.’ – Columbia University

“In other words, the state is the father and mother of the child and the natural parents are not entitled to custody, except upon the state’s beneficent recognition that natural parents presumably will be the best of its citizens to delegate its custodial powers… ‘The law devolves the custody of infant children upon their parents, not so much upon the ground of natural right in the latter, as because the interests of the children, and the good of the public, will, as a general rule, be thereby promoted.'” (Chandler v. Whatley, 238 Ala. 206, 208, 189 So. 751, 753 (1939) quoting Striplin v. Ware, 36 Ala. at 89; Ex parte Wright, 225 Ala. 220, 222, 142 So. 672, 674 (1932). See also Fletcher v. Preston, 226 Ala. 665, 148 So. 137 (1933); and Striplin v. Ware, 36 Ala. 87 (1860).

What about your Constitutional rights? They’ve already taken care of that:

“But, indeed, no private person has a right to complain, by suit in court, on the ground of a breach of the Constitution. The Constitution it is true, is a compact, but he is not a party to it.“ (Padelford, Fay & Co., vs. Mayor and Aldermen of the City of Savannah 14 Ga. 438, 520)

I am a man

The Supreme Court has transliterated the word “supreme” to mean that these seven appointed justices that pass legal opinion on masses of ‘consenting’ citizens are more supreme than God in an indestructible government.  These justices are not voted into these positions of power in any way by the people, but are appointed by the President of the United States as the head of a government corporation. These self-imposed deities clearly state here that they are the law of the land, and that “the natural consequence of citizenship” is for the people to be under their supreme opinion.

Your only option is to disagree, which means you must NOT consent. This is not an easy road to take as you are boxed in on all sides. Learning how to NOT CONSENT is what the United States was originally built on, but this is no longer the case, since the Constitution is a dead document, rendered inoperative through the invention of legal precedence in the 1930’s. This ‘legal bullying’ may well be the case throughout the rest of the Roman Empire. As the national news is so fond of saying: “desperate times call for desperate measures.” The beginning? Just say no!

Best Interest Debate and Abusive Fraud

Child Custody Laws use the “best interest” of the child doctrine to decide the custodial rights of children from broken families. Unfortunately, the best interest of the child doctrine is subjective and ambiguous. Best interest doctrine is usually influenced by
a) ideological movements such as feminism and
b) third party organizations such as lawyers and psychotherapists.
The majority of third party organizations are legal enforcers of feminist ideology.

How Feminist Ideology Effects Custodial Disputes

According to feminist ideology, custodial disputes should be decided in favor of mothers. Some judges are known to hold this view.

The personal opinion of psychotherapists maintains great influence during the legal process and can determine which party obtains custody. Psychotherapists are not required to possess any experience with children. As a consequence, the opinions of many psychotherapists can be impractical and downright wrong. Everyone knows that doctors are not always right. The competence of parents who contest custody of their children is often ignored by psychotherapists who preside over such disputes.

False Accusations

False accusations of violence and/or sexual abuse are commonly made during custodial hearings. The majority of false accusations made during custodial hearings remain uninvestigated and publicly admitted to publicly accessible records. False accusations have been used to decide the outcome of such cases in favor of the accusing party without evidence. Because of this fraud, some divorce lawyers encourage their clients to falsely accuse their ex-partners of domestic violence and/or child abuse during custodial disputes.

Three-Step Technique Mothers Use To Manipulate The System

1. Make a false accusation of domestic violence or child abuse against the father
2. Demand full custody of the children
3. Demand the collection of child support, alimony, and legal fees.

According to Phyllis Schlafly, a mother is likely to use the Three-Step-Technique because it allows her to
a) avoid having to prove she deserves to have custody and that she is a fit parent
b) tarnish the reputation of her ex-partner by inciting hysteria against the dad
Evaluators are known to label a case like this as a high-conflict divorce using the premise that shared parenting will not work because of the inability of parents to resolve their problems in court, full custody is awarded to the mother. The father will be reprimanded by the court if he does give in. The court will mandate that the dad is “not buying into the process”. If he tries to defend himself against the mother’s accusations, the dad is denied the basic rights a criminal defendant is given such as; “innocent until proven guilty”.

The mother does not need to substantiate her accusations. Assuming that the mother’s accusations are true, the court does not investigate the validity of her statements. The fathers is forced to consent to be interrogated and evaluated by court-chosen child-custody evaluators — the father must pay for these services.

Fathers are sentenced to attend re-education classes and psychotherapy sessions, where they are forced to claim they were at fault. The psychotherapists report back to the courts, and the father is forced to attend these sessions until he conforms.

Court-approved psychotherapists and lawyers benefit from this process as they recommend the services of each other to their clients. In fact psychotherapists will decline to challenge each other’s recommendations or investigate how competent they are, and the lawyers refuse to cross-examine them as they all benefit from continuing business by collecting fees from fathers.

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